Allahabad, June 1: Irrational and indiscriminate arrests are a gross violation of human rights, the Allahabad High Court has said, accepting an anticipatory bail plea in a corruption case. The courts have repeatedly held that arrest should be the last option for the police and it should be restricted to those exceptional cases where arresting the accused is imperative or his custodial interrogation is required.
Justice Siddharth made the observations on May 28 while hearing an anticipatory bail application filed by Jugendra Singh, a police constable. There was an allegation against the applicant that he was taking money from the passing trucks and an FIR was lodged against him under section 7/13 of the Prevention of Corruption Act, 1988.
Counsel for the applicant submitted that there is no forensic report and no recovery has been made from the applicant. A probe into the matter is still underway and the applicant has definite apprehension that he may be arrested by the police any time, the counsel added.
“After the lodging of an FIR, the arrest can be made by the police at will. There is no definite period fixed for the police to arrest an accused against whom an FIR has been lodged. Irrational and indiscriminate arrests are gross violations of human rights,” the court observed, allowing anticipatory bail plea of the applicant. “In the event of arrest, the applicant shall be released on anticipatory bail till cognizance is taken by the court on the police report, if any, under section 173 (2) CrPC before the competent court on furnishing a personal bond of Rs 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station/court concerned,” it said.
The high court has put some conditions on the applicant that he shall make himself available for interrogation by the police officer as and when required. The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade from disclosing such facts to the court or to any police officer, it said.
The court said the applicant shall not leave India without the previous permission of the court and if he has a passport, the same shall be deposited by him before the SSP/SP concerned.